Text: HF00192                           Text: HF00194
Text: HF00100 - HF00199                 Text: HF Index
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House File 193

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  327K.1  MIDWEST INTERSTATE
  1  2 PASSENGER RAIL COMPACT.
  1  3    The midwest interstate passenger rail compact is enacted
  1  4 into law and entered into with all other states legally
  1  5 joining in the compact in substantially the following form:  
  1  6                ARTICLE I – STATEMENT OF PURPOSE
  1  7    The purposes of this compact are, through joint or
  1  8 cooperative action:
  1  9    a.  To promote development and implementation of
  1 10 improvements to intercity passenger rail service in the
  1 11 midwest.
  1 12    b.  To coordinate interaction among midwestern state
  1 13 elected officials and their designees on passenger rail
  1 14 issues.
  1 15    c.  To promote development and implementation of long-range
  1 16 plans for high-speed rail passenger service in the midwest and
  1 17 among other regions of the United States.
  1 18    d.  To work with the public and private sectors at the
  1 19 federal, state, and local levels to ensure coordination among
  1 20 the various entities having an interest in passenger rail
  1 21 service and to promote midwestern interests regarding
  1 22 passenger rail.
  1 23    e.  To support efforts of transportation agencies involved
  1 24 in developing and implementing passenger rail service in the
  1 25 midwest.  
  1 26            ARTICLE II – ESTABLISHMENT OF COMMISSION
  1 27    To further the purposes of the compact, a commission is
  1 28 created to carry out the duties specified in this compact.  
  1 29              ARTICLE III – COMMISSION MEMBERSHIP
  1 30    The manner of appointment of commission members, terms of
  1 31 office consistent with the terms of this compact, provisions
  1 32 for removal and suspension, and manner of appointment to fill
  1 33 vacancies shall be determined by each party state pursuant to
  1 34 its laws, but each commissioner shall be a resident of the
  1 35 state of appointment.  Commission members shall serve without
  2  1 compensation from the commission.
  2  2    The commission shall consist of four resident members of
  2  3 each state as follows:  the governor or the governor's
  2  4 designee who shall serve during the tenure of office of the
  2  5 governor, or until a successor is named; one member of the
  2  6 private sector who shall be appointed by the governor and
  2  7 shall serve during the tenure of office of the governor, or
  2  8 until a successor is named; and two legislators, one from each
  2  9 legislative chamber (or two legislators from any unicameral
  2 10 legislature), who shall serve two-year terms, or until
  2 11 successors are appointed, and who shall be appointed by the
  2 12 appropriate appointing authority in each legislative chamber.
  2 13 All vacancies shall be filled in accordance with the laws of
  2 14 the appointing states.  A commissioner appointed to fill a
  2 15 vacancy shall serve until the end of the incomplete term.
  2 16 Each member state shall have equal voting privileges, as
  2 17 determined by the commission bylaws.  
  2 18        ARTICLE IV – POWERS AND DUTIES OF THE COMMISSION
  2 19    a.  The duties of the commission are to:
  2 20    (1)  Advocate for the funding and authorization necessary
  2 21 to make passenger rail improvements a reality for the region.
  2 22    (2)  Identify and seek to develop ways that states can form
  2 23 partnerships, including with rail industry and labor, to
  2 24 implement improved passenger rail service in the region.
  2 25    (3)  Seek development of a long-term, interstate plan for
  2 26 high-speed rail passenger service implementation.
  2 27    (4)  Cooperate with other agencies, regions, and entities
  2 28 to ensure that the midwest is adequately represented and
  2 29 integrated into national plans for passenger rail development.
  2 30    (5)  Adopt bylaws governing the activities and procedures
  2 31 of the commission and addressing, among other subjects:  the
  2 32 powers and duties of officers; and the voting rights of
  2 33 commission members, voting procedures, commission business,
  2 34 and any other purposes necessary to fulfill the duties of the
  2 35 commission.
  3  1    (6)  Expend such funds as required to carry out the powers
  3  2 and duties of the commission.
  3  3    (7)  Report on the activities of the commission to the
  3  4 legislatures and governors of the member states on an annual
  3  5 basis.
  3  6    b.  In addition to its exercise of these duties, the
  3  7 commission may:
  3  8    (1)  Provide multistate advocacy necessary to implement
  3  9 passenger rail systems or plans, as approved by the
  3 10 commission.
  3 11    (2)  Work with local elected officials, economic
  3 12 development planning organizations, and similar entities to
  3 13 raise the visibility of passenger rail service benefits and
  3 14 needs.
  3 15    (3)  Educate other state officials, federal agencies, other
  3 16 elected officials, and the public on the advantages of
  3 17 passenger rail as an integral part of an intermodal
  3 18 transportation system in the region.
  3 19    (4)  Work with federal agency officials and members of
  3 20 Congress to ensure the funding and authorization necessary to
  3 21 develop a long-term, interstate plan for high-speed rail
  3 22 passenger service implementation.
  3 23    (5)  Make recommendations to member states.
  3 24    (6)  If requested by each state participating in a
  3 25 particular project and under the terms of a formal agreement
  3 26 approved by the participating states and the commission,
  3 27 implement or provide oversight for specific rail projects.
  3 28    (7)  Establish an office and hire staff as necessary.
  3 29    (8)  Contract for or provide services.
  3 30    (9)  Assess dues, in accordance with the terms of this
  3 31 compact.
  3 32    (10)  Conduct research.
  3 33    (11)  Establish committees.  
  3 34                      ARTICLE V – OFFICERS
  3 35    The commission shall annually elect from among its members
  4  1 a chair, a vice chair who shall not be a resident of the state
  4  2 represented by the chair, and others as approved in the
  4  3 commission bylaws.  The officers shall perform such functions
  4  4 and exercise such powers as are specified in the commission
  4  5 bylaws.  
  4  6      ARTICLE VI – MEETINGS AND COMMISSION ADMINISTRATION
  4  7    The commission shall meet at least once in each calendar
  4  8 year and at such other times as may be determined by the
  4  9 commission.  Commission business shall be conducted in
  4 10 accordance with the procedures and voting rights specified in
  4 11 the bylaws.  
  4 12                     ARTICLE VII – FINANCE
  4 13    Except as otherwise provided, the moneys necessary to
  4 14 finance the general operations of the commission in carrying
  4 15 forth its duties, responsibilities, and powers as stated in
  4 16 this compact shall be appropriated to the commission by the
  4 17 compacting states, when authorized by the respective
  4 18 legislatures, by equal apportionment among the compacting
  4 19 states.  Nothing in this compact shall be construed to commit
  4 20 a member state to participate in financing a rail project
  4 21 except as provided by law of a member state.
  4 22    The commission may accept, for any of its purposes and
  4 23 functions, donations, gifts, grants, and appropriations of
  4 24 money, equipment, supplies, materials, and services from the
  4 25 federal government, from any party state or from any
  4 26 department, agency, or municipality thereof, or from any
  4 27 institution, person, firm, or corporation.  All expenses
  4 28 incurred by the commission in executing the duties imposed
  4 29 upon it by this compact shall be paid by the commission out of
  4 30 the funds available to it.  The commission shall not issue any
  4 31 debt instrument.  The commission shall submit to the officer
  4 32 designated by the laws of each party state, periodically as
  4 33 required by the laws of each party state, a budget of its
  4 34 actual past and estimated future expenditures.  
  4 35    ARTICLE VIII – ENACTMENT, EFFECTIVE DATE, AND AMENDMENTS 
  5  1    The states of Illinois, Indiana, Iowa, Kansas, Michigan,
  5  2 Minnesota, Missouri, Nebraska, North Dakota, Ohio, South
  5  3 Dakota, and Wisconsin are eligible to join this compact.  Upon
  5  4 approval of the commission, according to its bylaws, other
  5  5 states may also be declared eligible to join the compact.  As
  5  6 to any eligible party state, this compact shall become
  5  7 effective when its legislature shall have enacted the same
  5  8 into law; provided that it shall not become initially
  5  9 effective until enacted into law by any three party states
  5 10 incorporating the provisions of this compact into the laws of
  5 11 such states.  Amendments to the compact shall become effective
  5 12 upon their enactment by the legislatures of all compacting
  5 13 states.  
  5 14       ARTICLE IX – WITHDRAWAL, DEFAULT, AND TERMINATION
  5 15    Withdrawal from this compact shall be by enactment of a
  5 16 statute repealing the same and shall take effect one year
  5 17 after the effective date of such statute.  A withdrawing state
  5 18 shall be liable for any obligations which it may have incurred
  5 19 prior to the effective date of withdrawal.
  5 20    If any compacting state defaults in the performance of any
  5 21 of its obligations, assumed or imposed, in accordance with
  5 22 this compact, all rights, privileges, and benefits conferred
  5 23 by this compact or agreements under this compact shall be
  5 24 suspended from the effective date of such default as fixed by
  5 25 the commission, and the commission shall stipulate the
  5 26 conditions and maximum time for compliance under which the
  5 27 defaulting state may resume its regular status.  Unless such
  5 28 default is remedied under the stipulations and within the time
  5 29 period set forth by the commission, this compact may be
  5 30 terminated with respect to such defaulting state by
  5 31 affirmative vote of a majority of the other commission
  5 32 members.  Any such defaulting state may be reinstated, upon
  5 33 vote of the commission, by performing all acts and obligations
  5 34 as stipulated by the commission.  
  5 35           ARTICLE X – CONSTRUCTION AND SEVERABILITY
  6  1    The provisions of this compact shall be severable and if
  6  2 any phrase, clause, sentence, or provision of this compact is
  6  3 declared to be contrary to the constitution of any compacting
  6  4 state or of the United States, or the applicability thereof to
  6  5 any government, agency, person, or circumstance is held
  6  6 invalid, the validity of the remainder of this compact and the
  6  7 applicability thereof to any government, agency, person, or
  6  8 circumstance shall not be affected by the declaration or
  6  9 holding.  If this compact is held to be contrary to the
  6 10 constitution of any compacting state, the compact shall remain
  6 11 in full force and effect as to the remaining states and in
  6 12 full force and effect as to the state affected as to all
  6 13 severable matters.  This compact shall be liberally construed
  6 14 to effectuate the purposes of the compact.  
  6 15                           EXPLANATION 
  6 16    This bill provides that the midwest interstate passenger
  6 17 rail compact is entered into and enacted into law with several
  6 18 other midwestern states if those states join the compact in
  6 19 substantially the same form.
  6 20    The bill provides that the purposes of the compact are to
  6 21 promote development and implementation of improvements to
  6 22 intercity passenger rail service in the midwest, to coordinate
  6 23 interaction among midwestern state officials on passenger rail
  6 24 issues, to promote development and implementation of plans for
  6 25 high-speed rail passenger service in the midwest and other
  6 26 regions, to work with public and private sectors at all levels
  6 27 to ensure coordination among entities with an interest in
  6 28 passenger rail service and promote midwestern interests
  6 29 regarding such service, and to support efforts of
  6 30 transportation agencies involved in developing and
  6 31 implementing passenger rail service in the midwest.
  6 32    The bill provides that a commission shall be established to
  6 33 further the purposes of and carry out the duties specified in
  6 34 the compact.  Each state joining the compact is to be
  6 35 represented by four commission members:  the governor of the
  7  1 state or the governor's designee, serving during the tenure of
  7  2 the governor or until a successor is named; a member of the
  7  3 private sector appointed by the governor, serving during the
  7  4 tenure of the governor or until a successor is named; and two
  7  5 legislators, one from each legislative chamber, appointed by
  7  6 the appropriate appointing authority in each chamber, serving
  7  7 two-year terms or until successors are appointed.
  7  8    The bill provides a list of powers and duties the
  7  9 commission shall have related to the compact.  
  7 10 LSB 1508HV 79
  7 11 nh/gg/8
     

Text: HF00192                           Text: HF00194
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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